Law Commons^™

Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke

San Diego International Law Journal

The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.

An Unashamed Majoritarian, James Allan

Dalhousie Law Journal

The author a Canadian teaching in Australia, challenges what he regards as the prevailing Canadian orthodoxy, one that he thinks gives the unelected judiciary too much power. He challenges the perception that rights, however understood and though fully supported, necessitate the construction of anti-majoritarian protections such as the Canadian Charter of Rights and Freedoms. Knowing that the Charter is here to stay he concludes by urging judges to adopt methods of interpretation that build in a much greater degree of deference to the legislature.

The Vulnerability Of Indigenous Land Rights In Australia And Canada, Kent Mcneil

Osgoode Hall Law Journal

Not until the 1990s did the highest courts in Australia and Canada begin to address the colonial reality of the dispossession of the Indigenous peoples. In Australia, the High Court has held that the taking of Indigenous lands and creation of third party rights by the Crown resulted in extinguishment of Native title. In Canada, while not dealing directly with the issue of extinguishment, the Supreme Court has authorized infringement of Aboriginal land rights for a variety of purposes, including the creation of third party rights. This article examines the legal justifications for these conclusions and finds that they are …

Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

35 p. ; 28 cm

Global Economic Forces And Individual Labor Rights: An Uneasy Coexistence, Alice De Jonge

Human Rights & Human Welfare

A review of:

Workers’ Rights as Human Rights edited by James A. Gross. Ithaca: Cornell University Press, 2003. 272pp.

and

International Labor Standards: Globalization, Trade, and Public Policy edited by Robert J. Flanagan and William B. Gould IV. Palo Alto: Stanford University Press, 2003. 275pp.

Australia's Regulation Of Genetically Modified Crops: Are We Risking Sustainability?, Fern Wickson

Faculty of Law, Humanities and the Arts - Papers (Archive)

The commercialisation of genetically modified (GM) crops is being accompanied by a debate with scientific, social, ethical, legal and metaphysical dimensions. In the face of this complex debate, governments need to regulate GM crops in a way that minimises negative impacts on biological and social environments. This paper is a critical examination of Australia's regulatory framework for the deliberate environmental release of GM crops, specifically in terms of its ability to advance ecologically and socially sustainable agriculture. Following a description of the novel nature of GM crops, I discuss how the approach selected, the definition of key terms and the …

Indigenous Courts And Justice Practices In Australia, E Marchetti, Kathleen Daly

Faculty of Law, Humanities and the Arts - Papers (Archive)

Indigenous participation in sentencing procedures has been occurring informally in remote communities for some time. During the late 1990s, formalisation of this practice began in urban areas with the advent of Indigenous sentencing and Circle Courts. Formalisation has also occurred in remote areas. The aim has been to make court processes more culturally appropriate, to engender greater trust between Indigenous communities and judicial officers, and to permit a more informal and open exchange of information about defendants and their cases. Indigenous people, organisations, elders, family and kin group members are encouraged to participate in the sentencing process and to provide …

Eighth Annual Robert F. Boden Lecture: Drugs In Sports And The Law - Moral Authority, Diversity And The Pursuit Of Excellence, Hayden Opie

Marquette Sports Law Review

No abstract provided.